Juvenile Justice Reform Initiatives in the United States World Conference on Justice for Children 2018 Nati tion onal Cou ouncil cil of of Juveni venile le and Famil ily y Cou ourt t Judges ges Hon onor orab able e Ton ony y Capizzi izzi, Presid sident ent Hon onor orab able e Dave ve Stu tucki, cki, Past t Presid sident ent and d In Inte terna nationa tional l Com ommit ittee tee Chair air
Learning Objectives • Best pract ractices ces regar egardi ding ng human man traffick afficking ing • Psycho ycholog logical cal and d legal l eff ffects ects of f restr estrai ainin ning g juven veniles es in the cou ourtroom troom • Redu duci cing ng racial cial disp spar arities es • Use e of cogni gnitive ive comp mputing uting and d augm gmen ented ed intelligen igence ce in the juvenil venile e justice tice syst ystem em
Mission Statement of Juvenile Courts Administ ister er laws in a j just and equal al manner er Provid ide indiv ivid idual aliz ized ed justic ice e for children ren and adults ts while protec ectin ting the community ity Imp mpose se conseq sequences ences for violat ations ions of the law while acknowl wledg edging ing that the primary goal l of juven enile le justic ice e system em is rehab abili lita tatio tion Rehab abil ilit itati ation without t endan anger erin ing the community ity 3 Source: Montgomery County, Ohio Juvenile Court
Goals of Juvenile Courts We must be the catalyst st to protect ect children en by: Being a l leader er in effectiv ive e and cost t efficien ent utilizat zatio ion of community ity resourc rces es for the treatment t of children en and families roviding for the protec ectio tion of the community ity through just t and speed edy Pro conseq sequences ces Being sensi sitiv tive and responsiv ive e to indiv ivid idual al victims s and their families 4 Source: Montgomery County, Ohio Juvenile Court
Human Trafficking • Domestic Child Sex Trafficking Resolution • Trauma
Restraining Juveniles in the Courtroom 6
Why is this the way we treated youth… Morgan an Geyser er and Anissa Weier er, , both 12 years ars old. . Arrest rested ed May 31, , 2014- Madison, Wisco consin
When this is how we treat adults… Dzhokha khar Tsarna naev Aaron n Hernande ndez Casey y Anthony hony Jodi i Arias Jeffery ry Dahmer James s Holmes mes
What constitutes restraining? Restraints include handcuffs, belly chains, leg irons and all other devices that restrict a juveniles movement by a mechanical means. In many states juveniles are automatically restrained, even if they are only accused of misdemeanor or even nonviolent offences.
Psychological Impact
“ Some believe that restraints are a barrier to a trauma- informed framework because they convey the clear message to youth that they are dangerous, damaged or potentially damaging, and not worthy of minimal respect as a human being.” Dr. Julian Ford, University of Connecticut Health Center, Department of Psychiatry.
Perception is Important When a juvenile is restrained for a courtroom appearance, that juvenile, and others involved in the proceeding, are being sent a message that the juvenile is not trusted by the court.
Psychological Development • Brai ain n developm velopment ent does s not t reach ach full ll mat aturit urity y unti til l 25 year ars s old. d. • The e teenage enage year ars s are re crucial ucial to the development of one’s identity and self elf-esteem steem. . • Sham ame e and d humi mili liati ation on inhibit hibit posit sitiv ive self lf-de developm velopment ent and d produc ductive ive commu mmuni nity ty partici rticipati pation. on.
Courts must be trauma informed • Being ing subjected jected to repeat eat traum uma a inte terfe rfere res with h the recove overy ry proce ocess ss from m the e init itial ial trauma. uma. • Trea eati ting ng a chil ild d like e a crimi iminal nal perpe petua tuates es furthe rther r harm. rm. • Histori torical al traum auma a is an exam ample ple of trans ansge genera nerational ional trauma auma and refers ers to cumul mulative ative emoti otional onal and d psychol chologi ogica cal wounding, nding, exce ceeding eding over r an individual ividual life fespa pan n and d acros ross s genera nerati tions ons, , caus used ed by trauma aumatic ic exper perie ienc nces. es.
“ These kids are already afraid or defiant or whatever it may be, and we often misinterpret defiance for being scared, or where kids have never been treated respectfully by anyone in authority, if they’re cuffed, you’re already putting up barriers.” - Judge John J. Romero, Presiding Judge, Children’s Court Division, Albuquerque, New Mexico 15
• You ouths hs who hose se actions ons have ve found ound themselves mselves invo volved lved with the juven venile le justic ice e syste stem are e often en dealing aling with feeling elings of f shame, ame, weakn aknes ess s and nd helpl lpless essnes ness. s. • Restrai trainin ning g destroys stroys any y efforts forts to build ld up the you outh th and d help lp them m be stro ronger nger psycho ychologi ogically cally and d thus us less s inclined ined to turn rn to criminal inal activi vities. es.
Legal Considerations of Restraints
Ask yourself this… When you see someone restrained in any manner, what is your first thought?
Public Perception: Implicit Bias Of the restrained juvenile Of the legal process Dangerous Corrupt Dangerous Escape Untrustworthy Intimidating Untrustworthy Guilty Bad Bad
Why do some Courts restrain juveniles? Safety Concerns For the public For the child For court staff Security Concerns To prevent escape by child Not enough time Requires additional resources Building Layout Concerns Some courthouses are in older buildings that are simply not secure or able to be renovated to enhance security “Scare the child straight” philosophy We’ve always done it this way
Juvenile Shackling Courtesy of the National Juvenile Defender Center
National Council of Juvenile and Family Court Judges’ Position The e NCJ CJFCJ FCJ is devoted voted to ensu sure re justice ce for or ever ery y family ily and d ever ery child ld in court urts s thro roug ughout hout the cou ountry. ntry. NCJFCJ FCJ is one ne of the large gest st and d oldes est judi dicial cial memb mbers ership hip org rganization anizations in the nation, ion, serv erving ing an estimated mated 30,00 ,000 0 pro rofessiona essionals ls in domes mestic c relations, ations, and d the juven enile e and d family ly justice ce syst ystem. em. On July ly 21, 1, 201 015, 5, the NCJFCJ FCJ issued ued two reso solut lutions. ions.
NCJFCJ Resolution #1 Resol olut ution ion Regar gardi ding ng Traum auma-Informed Informed Juvenile venile and Family mily Co Courts rts • Jud udges ges and nd traum auma a pro rofessiona essionals ls alike e are e coming ming to understand that ‘informed’ means ensuring that environ vironmen ents, ts, pract ractices ces, , and nd polic icies es are design signed ed to redu educe ce unn nnecess ecessary ary stress ress and d poten ential al stress ess reactions actions in thos ose e who ho have ve been en traum uma a exp xpose osed.
NCJFCJ Resolution #2 Resol Re olut ution ion Re Regarding garding Shackling ackling of Ch Children ildren in Juvenil enile e Court rt • There ere sho hould uld be a clear ar and d pres esumptive umptive rul ule e or r polic icy y agai ains nst rest estrai rainin ning g childr ldren, en, and d request quests s for or except ceptions ions sho hould uld be made e to the court urt on n an indi divid vidua ualized zed basis sis and d must st includ lude e a cogent gent rationale, onale, includ luding ing the demonst monstrat rated ed safety afety risk sk the child ld poses oses to him or hers ersel elf f or other ers. . Ju Judges dges should ould have ave the ultimate ate authorit hority y to deter ermine ine wheth ether er or r not ot a child ld need eds s to be restrai strained ned in the cou ourtroo rtroom.
Each ch court urt shal hall adopt opt a local rule e creating eating a presumpt resumption ion that restrai straints nts shall all not be used sed on a child d unless ess the Jud udge ge or r Magi gistrate strate makes kes an indivi dividuali dualized zed deter ermi minat nation ion on the reco cord d that there ere is no less s rest estri rictive ctive alternative rnative and d that restrai straint nt of the child ld is neces cessar sary y becaus cause e the child ld represe epresents nts a cur urrent rent and d sign gnifi ifican cant threat reat to safety fety or there re is a sign gnifi ifican cant risk sk the child d will flee e the court urtroom room. Rules of Superintendence for the Courts of Ohio Rule 5.01 Local Child Restraint Rule
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